HOUSE BILL No. 5588
February 5, 2002, Introduced by Reps. Bernero, Hale, Lipsey, Mans, Hardman, Schauer, Wojno, Bovin, O'Neil, Lockwood, Spade and Waters and referred to the Committee on Local Government and Urban Policy. A bill to amend 1917 PA 167, entitled "Housing law of Michigan," by amending section 134 (MCL 125.534). THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 134. (1) If the owner or occupant fails to comply with 2 the order contained in the notice of violation, the enforcing 3 agency may bring an action to enforce the provisions of this 4 act and to abate or enjoin the violation. 5 (2) An owner or occupant of the premises upon which any A 6 violation exists may bring an action to enforce the provisions 7 of this act in his OR HER own name. Upon application by the 8 enforcing agency, or upon motion of the party filing the com- 9 plaint, the local enforcing agency may be substituted for, or 10 joined with, the complainant in the discretion of the court. 05823'01 LAJ 2 1 (3) When IF the violation is uncorrected and creates an 2 imminent danger to the health and safety of the occupants of the 3 premises, or if there are not any NO occupants and the viola- 4 tion creates in AN imminent danger to the health and safety of 5 the public, the enforcing agency shall file a motion for a pre- 6 liminary injunction or other temporary relief appropriate to 7 remove the danger during the pendency of the action. 8 (4) Owners and lienholders of record or who are found 9 OWNERS AND LIENHOLDERS ASCERTAINED by the complainant upon WITH 10 the exercise of reasonable diligence shall be served with a copy 11 of the complaint and a summons. The complainant shall also file 12 a notice of the pendency of the action in the office of the 13 WITH THE APPROPRIATE COUNTY register of deeds for the county in 14 which OFFICE WHERE the premises are located. 15 (5) The court , having obtained OF jurisdiction , shall 16 make such orders and determinations as are consistent with 17 the objectives of this act. The court may enjoin the maintenance 18 of any unsafe, unhealthy, or unsanitary condition CONDITIONS, 19 or any violations of this act, and may order the defendant to 20 make repairs or corrections necessary to abate the conditions. 21 The court may authorize the enforcing agency to make repairs 22 REPAIR or to remove the BUILDING OR structure. When IF an 23 occupant is not the cause of any AN unsafe, unhealthy, or 24 unsanitary condition, or any A violation of this act, and is 25 the complainant, the court may authorize the occupant to correct 26 the violation and deduct the cost thereof from the rent upon 27 such terms as the court determines to be just. Whenever 05823'01 3 1 IF the court shall find FINDS that the occupant is the cause of 2 any AN unsafe, unhealthy, or unsanitary condition, or any A 3 violation of this act, then the court may authorize the owner to 4 correct the violation and assess the cost thereof against the 5 occupant or his THE OCCUPANT'S security deposit. 6 (6) No A building OR STRUCTURE shall NOT be removed unless 7 the cost of repair of the building OR STRUCTURE will be greater 8 than the state equalized value of the building OR STRUCTURE. 9 HOWEVER, A BUILDING OR STRUCTURE MAY BE REMOVED IF THE BUILDING 10 OR STRUCTURE REMAINS EITHER VACANT OR BOARDED, OR BOTH, AND A 11 SIGNIFICANT ATTEMPT HAS NOT BEEN MADE TO REHABILITATE THE BUILD- 12 ING OR STRUCTURE FOR A PERIOD OF 24 MONTHS. 13 (7) When IF the expenses EXPENSE of repair or removal 14 are IS not otherwise provided for, the court may enter an 15 order approving the expenses EXPENSE and providing that there 16 shall be PLACING a lien on the real property for the payment 17 thereof OF THE EXPENSE. The order may establish AND PROVIDE 18 FOR the priority of the lien and may provide that it shall be a 19 lien AS A senior to all other liens LIEN, except taxes and 20 assessments; AS TO TAX AND ASSESSMENT LIENS, AND except that a 21 AS TO A RECORDED mortgage of record having a recording date 22 FIRST PRIORITY, RECORDED prior to all other liens of record 23 shall retain its first priority if, at the time of recording of 24 that mortgage or at any A time subsequent, thereto, a certif- 25 icate of compliance as provided for in this article ACT is in 26 effect on the subject property. The order may also specify the 27 time and manner for foreclosure of the lien if THE LIEN IS not 05823'01 4 1 satisfied. A true copy of the order shall be filed in the 2 office of the WITH THE APPROPRIATE COUNTY register of deeds for 3 the county OFFICE where the real property is located within 10 4 days after entry thereof in OF THE order to perfect the lien 5 granted in the order. 6 (8) This act does not preempt, preclude, or interfere with 7 the authority of a municipality to protect the health, safety, 8 and general welfare of the public through ordinance, charter, or 9 other means. 05823'01 Final page. LAJ